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The Hidden Family Law Consequence of Ahluwalia v. Ahluwalia: How Spousal Support Litigation is Changed Forever
When the Supreme Court of Canada released its landmark decision in Ahluwalia v. Ahluwalia, the legal profession immediately focused on one headline issue: the recognition of the Tort of Intimate Partner Violence (“IPV”). But there is another consequence of the decision that may prove just as significant for Ontario family law litigation — particularly for […]
Ahluwalia v. Ahluwalia: A Landmark Victory for Domestic Violence Victims — But a Potential Crisis for Family Law Litigation
The Supreme Court of Canada’s decision in Ahluwalia v. Ahluwalia will likely become one of the most influential — and controversial — family law decisions in Canadian legal history. By recognizing a new tort of Intimate Partner Violence (IPV), the Court fundamentally changed how domestic violence can be addressed within civil and family law proceedings. […]
When “Settle at All Costs” Fails: How Pressure to Mediate Harms Victims of Domestic Violence in Family Law
In family law, mediation is widely promoted as a cost-effective, efficient, and less adversarial path to resolution. Courts encourage it. Lawyers recommend it. Governments fund it. On paper, it makes sense. But in practice—particularly in cases involving domestic violence—this institutional preference can become a structural problem. When judges express disdain for “high-conflict” cases and apply […]
Should I sign my separation agreement without financial disclosure?
The short answer to this question is – absolutely not! The husband in the following case learned his lesson the hard way. In the recent case of Shalaby v Nafei 2022 ONSC 5615, the Honourable Justice Price refuses a husband’s request to summarily dismiss the wife’s claim that the separation agreement should be set aside, […]